§ 11-102. Liability of utilities for compensation for damages caused
by interfering with, or delaying the progress of work under state public
construction contracts. 1. No utility shall interfere with, or delay the
progress of work under any contract with the state department, agency,
division or board, for the construction, reconstruction or improvement
of any highway, street, road, railroad grade crossing, bridge, tunnel,
underpass, overpass or other state contract work, by failing to remove
or relocate its poles, wires, cables, conduits, pipes or any other
facilities or structures within the time schedule therefor by an
agreement or under the terms of an agreement between the department,
agency, division or board and the utility, or if no time is fixed by
such an agreement or under the terms of such an agreement, within the
time fixed by the department, agency, division or board, by notice
served upon such utility by such state department, agency, division or
board.

2. If such notice is utilized, it shall describe the public
improvement and the geographical location thereof, the date of
commencement and the date of completion, if any, provided for by the
contract, the contractor's name and address, the manner in which and the
extent to which the facilities and structures of the utility obstruct or
prevent the contractor from progressing or performing the work
comprehended by the contract, and shall fix the date or time within such
utility is required to remove or relocate its facilities or structures,
specifying the same, in order to provide the contractor with the site
when required by the contractor for progressing or performing the work
pursuant to such state contract. Such notice shall be in writing and
shall be served upon such utility either personally or by certified mail
at its principal office or place of business in the county where the
work under such contract is to be performed, or, if there be no such
principal office or place of business in such county, at the nearest
principal office or place of business of such utility, outside of such
county. In the event the utility to whom the aforesaid notice was
directed is for any reason unable, within the prescribed period, to
remove or relocate said facilities or structures specified in the
notice, said utility shall immediately advise said department, agency,
division or board and the contractor, in writing, of such inability, and
in the same communication so advise said department, agency, division or
board, and the contractor of the approximate date that such removal or
relocation of facilities or structures could be effected; and shall
further state the basis for the inability of said utility to remove or
relocate said facilities or structures within the time specified by the
notice served thereon by said department, agency, division or board. The
department, agency, division or board, after examining and considering
the utility's basis for establishing a different schedule for such
removal or relocation, shall, if such basis is reasonable, establish and
notify the utility of a revised schedule for completing such removal or
relocation.

3. In cases where the utility has been reimbursed for removal,
relocation, replacement or reconstruction pursuant to subdivision
twenty-four-b of section ten of the highway law, a utility failing to
complete the removal or relocation of such structures or facilities
within a period of thirty days beyond the time fixed therefor by the
latest time schedule established in accordance with this section, shall
be liable and responsible to any such contractor for any damages, direct
or consequential, sustained by any such contractor as the result
thereof, in an action to be brought by such contractor against such
utility in a court of competent jurisdiction within two years from the
time fixed for the removal or relocation of such structures or
facilities. If an action is commenced against a utility, as heretofore
provided, said utility may interpose in its answer in such action any
defense available under the provisions of the civil practice law and
rules. The unreasonableness of the time schedule imposed by the state
department, agency, division or board shall be an absolute defense by
the utility to any such action by the contractor. If, in any such
action, the utility is found to owe nothing to the contractor, or if an
offer of settlement is made by the utility which is not accepted by the
contractor and the resulting verdict against the utility is less than
the offer of settlement, then in either such event the total cost of the
utility of litigation, including reasonable attorney's fees, shall be
paid to the utility by the contractor.